(Mishnah): If a person says to his friend, "Take this Issar for 20 figs that I will select (from the tree)''; he may select and eat (without tithing).

If he says, "...for a cluster of grapes that I will select'', he may pick (grapes from the cluster) and eat.

If he says, "...for a pomegranate that I will select'', he may split and eat from a (still attached) pomegranate.

If he says, "...for a watermelon that I will select'', he may cut a piece and eat it.

But if he said to him, "for these 20 figs'', "for these two clusters'', "for these two pomegranates'', "for these two watermelons'', he may eat them in the regular way and still be exempt from tithing, since he acquired them whilst still attached to the ground.

If a person hired a worker to harvest figs and the worker told him, "It's on condition that I can eat the figs (whilst harvesting)'', he may eat and is exempt from tithing.

If the worker said, "It's on condition that I and my son can eat'' or "that my son can eat as (part of) my wages''; he may eat and he is exempt but his son may eat and is obligated.

If the worker said, "It's on condition that I can eat at the time it's made into dried figs and afterwards''; at that time he may eat and is exempt; afterwards, he may eat but he is obligated (to tithe) as at that point, on a Torah level, he has no rights to eat from the crop.

The rule is - whoever has a Torah right to eat is exempt from tithing. Whoever does not have a Torah right to eat is obligated.

If a worker was harvesting poor figs, he may not eat from Bnos Sheva (which are good figs) and vice-versa. But he may withhold himself until he reaches the area of the good figs, and then eat there.

One who exchanges fresh figs or drying figs with his friend or he exchanges his fresh figs for his friend's drying figs, he is obligated to tithe (as it's like a sale).

(R. Yehuda): If he exchanges for fresh figs, he is liable; for drying figs, he is exempt.

(Gemara) (R. Yosi citing R. Yochanan): (When the Mishnah taught that he may pick (grapes from the cluster) and eat.) It means that he may pick them one by one and eat (but if he collected two or more in his hand, he must tithe).

(R. Chiya bar Vava to him): Rebbi also did this.

(Baraisa citing R. Yosi): If even a small piece was cut from a watermelon, no more should be cut until he eats the first piece; and if he did cut more, he must tithe.

Question (R. Yona): Is it the same for a pomegranate? (The Gemara leaves this question unanswered.)

Question: (The Mishnah taught that if the worker told him, "It's on condition that I can eat the figs'', he may eat and is exempt from tithing.) Why is this true only if he stipulated? (The Torah permits him to eat!)

Answer (R. Avin citing R. Simai): It teaches that even if he stipulated, since the Torah permits him, it's not considered an acquisition and he is exempt from Maaser.

(Mishnah in Maseches Bava Metzia): If a worker was working with his hands but not his feet or his feet but not his hands, or even if he is using only his shoulder, the Torah permits him to eat.

(Baraisa): (How is this?) He could be using only his hands by tying the produce. He could be using only his feet by pushing together all of the fruit into a pile (with his feet). He could be using only is shoulder by carrying bundles.

(R. Yosi bei R. Yehuda): The Torah permits him to eat only if he is using his hands, his feet and his body, like an ox that is threshing (as the pasuk states in Devarim 25:4, 'Do not muzzle an ox in its threshing').

Just as threshing is done with detached produce, so too anything that is done with detached produce. This excludes weeding around garlic and onions, arranging canes upon which vine branches can grow and hoeing under olive trees.

Just as threshing is done with produce that grows from the ground, so too anything that grows from the ground. This excludes one who milks, makes cheese or makes butter.

Just as threshing is done with produce whose process is not complete, so too anything that is not yet complete. This excludes one who separates dates, one who separates dried figs, one who brings up wine from the pit and one who removes oil from the pit.

Just as threshing doesn't cause an obligation of Ma'asros, so too anything that does not cause it. This excludes one who kneads, one who applies water to the surface of dough and one who bakes (since they bring about an obligation to tithe.)

The pasuk states (Devarim 23:26), "When you enter your neighbor's standing grain, (you may pick the ears with your hand, but you may not lift a sickle upon your neighbor's standing grain)''. I might have thought that anyone may come and eat...the pasuk states, "but you may not lift a sickle upon your neighbor's standing grain'' - it refers to one who has permission to lift a sickle; namely, a worker.

(Isi ben Akavia): (Disagreeing) The pasuk is referring to anyone and the phrase "but you may not lift a sickle'' teaches that they may only eat at the time of moving the sickle, i.e. harvest, when the produce is completed.

(Baraisa) (R. Shimon ben Yochai): The Torah was so careful about theft, that it only permitted picking at harvest time. And through this we also learn the importance of work, that even though the generation of the flood was given its verdict of destruction because of theft, the worker is permitted to eat whilst working and is not prohibited because of theft, since he is working.

Question: The pasuk states (Devarim 25:4), "Don't muzzle an ox in its threshing'' - this would only apply to an ox working with detached produce and a person with attached produce (as a person was learned from the earlier pasuk "when you enter your neighbor's standing grain'', which was at harvest time, when the crops are still attached). What about a person eating when working with detached produce?

Answer: If an ox that may not eat from attached produce may eat from detached produce; a person, who may eat from attached produce, should certainly be able to eat from detached produce.

Rebuttal: The pasuk states, 'Don't muzzle an ox in its threshing' - there's a prohibition to muzzle an ox, but not a person.

Question: May an ox eat when working with attached produce?

Answer: If a person, who may not eat from detached, may eat from attached; an ox that may eat from attached should certainly be permitted to eat from attached.

Question: If so, just as muzzling is prohibited for detached produce, it should be prohibited for attached produce?

Answer: The pasuk states, "Don't muzzle an ox in its threshing'', in threshing you may not muzzle it, but you may muzzle if its working with produce attached to the ground.

From here they said that a person stipulate with his employer that he wishes to receive money rather than eat. He can also do this for adult sons and daughters, his adult slaves and maidservants or his wife, since they have understanding (and can forgo eating the produce). But he cannot stipulate for his young son or daughter, his young slaves or maidservants or for his animal, since they do not have understanding (to forgo eating).

Question: (The Mishnah taught that a worker who is permitted to eat by the Torah is exempt from tithing.) On the contrary, he should be obligated (since the Torah right to eat is like an acquisition by the worker)?

Answer (R. Yona): The Torah exempted him from tithing, as the pasuk states (Devarim 23:25), "(When you enter your neighbor's vineyard, you may eat as many grapes) as you desire...''.